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Results: 1-10 of 166

Date of resignation cannot be backdated
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined


Employer could terminate for failure to follow reasonable instructions
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd


Meaning of "occupied premises" for purposes of car pool tax exemption
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • September 10 2010

Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"


Protection of volunteers - discrimination and unfair dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal


Employer faces jail for perjury in the tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings


Associative pregnancy discrimination not prohibited by the Sex Discrimination Act
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • November 11 2010

In the case of Kulikaoskas v MacDuff Shellfish and another, a man who argued that he was dismissed because of his association with his pregnant partner could not pursue a pregnancy discrimination claim under the SDA


Establishing the effective date of termination (EDT)
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2010

Many employers may have faced the situation where notice is given but the employee leaves before the notice period expires


Employee in breach of implied duty of trust and confidence cannot claim constructive dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 11 2010

The EAT has held, in the case of Aberdeen City Council v McNeill, that an employee, who at the time of their resignation is themselves in breach of the implied duty of trust and confidence, is not entitled to claim constructive dismissal on the basis of the employer's breach of trust and confidence


Jurisdiction: when can overseas employees bring claims for unfair dismissal and discrimination?
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 8 2010

In two recent cases, the UK courts have considered the circumstances in which overseas employees can bring claims for unfair dismissal or discrimination in the employment tribunals


"Static" interpretation of collective agreements on a TUPE transfer
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • February 11 2010

In an important case providing helpful clarification of the law, the Court of Appeal has ruled in favour of a "static" interpretation of collective agreements when there is a relevant transfer under TUPE